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Document 62012TN0123
Case T-123/12: Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
Case T-123/12: Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
Case T-123/12: Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
OJ C 157, 2.6.2012, p. 8–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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2.6.2012 |
EN |
Official Journal of the European Union |
C 157/8 |
Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
(Case T-123/12)
2012/C 157/13
Language of the case: German
Parties
Applicant: Smartbook AG (Offenburg, Germany) (represented by C. Milbradt and A. Schwarz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
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annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 December 2011 (Case R 799/2011-2); |
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order the defendant to pay the costs including the costs incurred in the course of the appeal procedure. |
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘SMARTBOOK’ (application No 8 426 348) for goods in Classes 9, 16 and 28
Decision of the Examiner: rejection of the application
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods at issue.